Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1887-02-17


ed the front at all, and those discharged
from rendezvous at the close of the
war if discharged three months after en-
listment. Under the last call of the
! president for troops in December 1864
1893 men we're furnished, who were thus
( dischared
THE SECTION ALLOWING THIS PENSION
does, however require besides the ser
vice of three months and an honorable
/ discharge that those seeking the benefit
OF the act shall be such "a are now or
may hereafter be suffering from mental
or physical disability not the result of
their own vicious habits or gross care
lessness which incapacitates them for the
/ performance OF labor in such a degree
as to render them unable TO earn their
/ support and who are dependent upon
their daily labor for support 1t pro-
vides further that such persons shall
upon making proof of the fact be placed
on the list of invalid pensioners of the
/ United States aud be entitled to
receive for such total inability
to procure these subsistances
by daily labor S12 per month
and such pension shall commence from
the date of the filing of the application
in the pension office, upon proof that the
disability then existed, and continue dur
ing the existence of the same to the de-
gree herein provided; provided that per-
sons who are now receiving pensions un
der the existing law or whose claims are
pending in the pension Office can by APP
plication to the commissioner of pensions
in such form as he may prescribe, receive
the benefit of this act. 1t is manifestly
eff the utmost importance that statutes
which like the pension laws should be lib
orally administered as measures of be-
nevolence in behalf of worthy beneficial
ries,
SHOULD ADMIT OF NO UNCERTAINTY
as to their general objects and con
sequences. Upon careful coasidera
ton of the language of the section of the
bill above given, it seems to me to be so
uncertain and liable to such conflicting
constructions as to be subject to such I'M
just and mischievious application as to
alone furnish sufficient ground fer the
disapproval of the proposed legislation,
The persons seeking to obtain the pen
sions provided by this sectios must be
now or hereafter; 1st; suffesing from
mental or physical disability. I'd; such
disability must not be the re-
suit of their own vicious habits
or of gross carelessness. Sd;
such disability must be such as incapxci
tates them from the performance of
labor in such a degree as to render them
unable to earn a support; 4th, they must
be dependent upon their daily labor for
support; 9th, upon proof of these condi-
tiohs they shall be placed on the lists of
nf
and be entitled to receive for such total
inability to procure their subsistence by
daily labor, SIP per month. j IS not
probable that the words last quoted, such
total inability 10. procure their subsist-
ence by daily labor" at all quail
ify the conditions prescribed III the
preceding language of the section.
The total inability" spoken of must be
such inability" that is the inability al
ready described axd constituted by tho
conditions already detailed as previous
parts of the section. 1t thus becomes
important to
CONSIDER TEE MEANING AND SCOPE
of these last mentioned conditions. The
mental and physical disability spoken of
has distinct meaning in the practice of
the pension bureau, and includes every
and Yigor. For such disability there are
now paid 13l different rates of pensions,
varying from $40 to 800 per month.
This disability must not be the
result of the applicants vicious habits
or gross carelessness. Practically this
provision is not important. The attempt
of the government to escape the pay
ment of pensions on such plea would of
course in very large majority of in
stances and regardless of the merits of
the case, prove failure. There would be
that strange but universal willingness to
help the individual as between him and
the public treasury, which goes very far
to insure a state of proof in favor of the
claimant.
THE DISABILITY OF TUE APPLICANTS
must be such as to incapacitate them
for the performance of labor in such a
degree as to render them unable to earn
support. 1t will be observed that there
is no limitations or definitions of inca
capacity, injury or such disability from
any cause as renders the claimant unable
to earn his support by labor. 1t seems
to me that the support here mentioned
is one which cannot be earned in com
plete and entire support with no diminu-
tion on account of the least impairment
of physical or mental condition. If it
has been intended to embrace only those
who by disease or injury were totally
unable to labor it would have been very
easy to express that idea instead of
recognizing as it does the degree Of
such inability. What is support? Who
is to deternine whether the man earns or
has or has it notY Is the government
to enter the homes of claimants for
pensions and after an examination
of their surroundings and circumstances
settle these questions? Shall the govern
ment say to one man his manner of sub
sistence by his earnings is support, and
to another that the things his earnings
furnish are not supportg Any attempt,
however honest, to administer this law in
such a manner would necessarily produce
more
UsFAIRNRss AND UNI UsT DISCRIMINATION
and give more scope for partisan parti-
ality and would result in more perversicn
of the governments benevolent inten.
tions than the execution of any statute
ought to per NIT. If in the effort to carry
out the proposed law in degree Of disa-